• MS. SANJANA AGGARWAL

Abstract The rapid proliferation of Artificial Intelligence (AI) technologies in governance, commerce, and surveillance has posed significant challenges to the individual's right to privacy under Article 21 of the Indian Constitution. In particular, the notion of informational autonomy—the right of individuals to control the collection, use, and dissemination of their personal data— has emerged as a critical dimension of privacy in the digital era. This paper explores the intersection of AI and privacy law, focusing on how automated decision-making, profiling, and mass data surveillance impact the constitutional guarantee of privacy as interpreted by the Supreme Court in Justice K.S. Puttaswamy v. Union of India1. While the Court affirmed privacy as a fundamental right, the evolving nature of AI tools challenges the enforcement of this right, particularly when consent becomes illusory or opaque. This study analyzes India's current legal landscape, including the Digital Personal Data Protection Act, 20232, and compares it with international standards such as the EU General Data Protection Regulation (GDPR)3. The paper argues that while India has made strides in recognising digital rights, the regulatory framework remains inadequate to address the risks posed by AI to informational autonomy. Drawing from jurisprudence, international best practices, and ethical AI principles, the paper proposes a rights-centric approach to AI governance that balances innovation with individual freedoms. The study concludes with policy recommendations to strengthen safeguards for informational autonomy in AI-driven environments, ensuring that the promises of digital progress do not come at the cost of constitutional liberties4’5

Artificial Intelligence (AI), Right to Privacy, Article 21, Informational Autonomy, Data Protection, Algorithmic Governance, Digital Personal Data Protection Act, 2023, Puttaswamy Judgment, Automated Decision-Making, Mass Surveillance, Datafication,

""AI AND THE RIGHT TO PRIVACY: ANALYSING THE SCOPE OF INFORMATIONAL AUTONOMY UNDER ARTICLE 21"", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.12, Issue 7, page no.h31-h39, July-2025, Available :http://www.jetir.org/papers/JETIR2507704.pdf

""AI AND THE RIGHT TO PRIVACY: ANALYSING THE SCOPE OF INFORMATIONAL AUTONOMY UNDER ARTICLE 21"", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.12, Issue 7, page no. pph31-h39, July-2025, Available at : http://www.jetir.org/papers/JETIR2507704.pdf